Sunday, May 30, 2010

Section 8
It appears that the submissions made involve the interpretation of the clauses in the agreement in order to determine whether the arbitration clause covers the present dispute. This Court is persuaded to hold that prima facie clause 2.1.2 does appear to cover the expression 'musical works' contemplated under Section 2(p) CR Act. This is, however, only a prima facie view taken for the purposes of determining whether the present applications under Section 8 should be entertained and the parties to be referred to arbitration. The court is at this stage not required to express a final view on this aspect. Given the scheme of the Act and the scope of the powers of the arbitral tribunal under Section 16 it is for the arbitral tribunal to decide this question. The better course is that the parties should be referred to arbitration and all the points urged by the Plaintiff concerning the scope and ambit of the arbitration clause can be urged before the arbitral tribunal.